• Published 09:53 28.02.10
  • Latest update 10:14 28.02.10

'Goldstone Gaza claims will not reach war crimes court'

Former ICC official says U.S. likely to veto prosecution of Israeli officials, even if case reaches court.

By Tomer Zarchin and Haaretz Correspondent Tags: Goldstone report Hamas Israel news Gaza

The claims of alleged war crimes committed, according to the Goldstone report, during fighting in Gaza between Israel and Hamas in late 2008 and early 2009 will not reach the International Criminal Court at the Hague, a former ICC official told Haaretz on Sunday.

Legal attorney Nick Kaufman, who had served as a senior prosecutor at the ICC and a senior district attorney for the Jerusalem prosecution, said Israeli officials were likely safe from war crimes suits as the U.S. would probably veto such a move.

Until a month ago Kaufman, an expert on international law and rules of warfare, served as a senior lawyer in the Jerusalem prosecutor's office.

- Nick Kaufman, do you think you will represent an Israeli official, who has been charged with committing war crimes following the Goldstone report, at the international court?

Kaufman: "I don't believe so. I think the Goldstone report will receive a poor man's burial."

- You sound decisive.

" I don't understand how the United Nations Security Council has made a decision to transfer the case to the international criminal court at The Hague, because I think in any event, the United States will veto the decision."

"The UN Secretary General Ban Ki Moon said he was satisfied with the investigation Israel has conducted, but the Arab League and other unidentified countries have insisted that a new investigation be conducted in the next 5 months. I don't see it going beyond this."

"On the other hand, I don't believe the senior prosecutor, Luis Moreno-Ocampo, will yield to the Palestinians request and order an investigation against Israel: For him to accept the Palestinian request to recognize their court authority to try and judge the violations committed on their land, he would first have to recognize the Palestinian Authority as an independent country, and I cant see him making such an extreme decision. I just don't see it happening."

Where did you first meet Judge Richard Goldstone?

"Before he headed the inquiry committee, Goldstone was the recipient of a scholarship and he served for a few months at The Hague. When rumors spread about his appointment to the committee that will investigate the events in Gaza, I went to hear him speaking at the central library in Hague."

"I gave him a letter from Noam Shalit, in which he wrote that Gilad's captivity is against international law, and that t should be declared a war crime and a breach of the Geneva Convention. It also said that he should recommend that he be released when he is appointed head of the committee."

And what did he say?

"He got back to me several hours afterwards, and told me that he was touched by Gilad's story in a personal manner, and he understands the concern. Eventually, the report he wrote has a legal mistake regarding the conditions of Gilad's captivity."

Do you agree with the Israel's criticism against him?

"I think the personal criticism against him did him injustice. He might be naive, but I think that Goldstone is an Israel supporter. I don't think he estimated the extent of the personal hatred Israel expressed towards him."

"I think that the politician's slander of him during the committee and after it, damaged israel's image in the international community, as Israel did not understand what a respected legal personality Goldstone is. A man who served as the supreme prosecutor of two international courthouses knows something about violation of rules of warfare. Saying that he is stupid and knows nothing projects on us."

The argument is that he claimed sole mandate of a unilateral investigation.

"This is a basic mistake, which I know has frustrated Goldstone extremely. I met with him several months later, at a MacArthur foundation event where they were honoring him for his work in the international legal arena, and he came up to me and expressed deep frustration from the fact that Israel is not allowing him to enter Sderot to hear eyewitness testimonies, and also to enter Gaza from Israel."

"He was frustrated as he was the one who requested from the Human Rights Council in Geneva to extend the investigation to cover both the Palestinian and the Israeli actions in the Gaza War, and for some reason, even after the publication of the report Israel still criticized the report as being unilateral."

Did you hear him express any affinity to Israel or Judaism?

"I remember when Noam Shalit brought him Gilad's childhood book "when the shark and the fish first met," during their meeting last year, he didn't know how to read the book and opened it on the wring side. I remember thinking to myself, how come a Jew who prays every year at Yom Kippur doesn't know how to hold a book in Hebrew."

- You worked directly under the senior prosecutor Luis Moreno-Ocampo, who also has the authority to order an investigation against Israel following the Gaza war. What can you tell us about him?

Ocampo's position is not strong. He has been hit by strong criticism of his performance, as he has failed convict even one person in the international criminal court during his tenure. I estimate that his position is unstable, and he won't want to interfere with such a controversial subject.

If you think the Goldstone report will be buried, there is no point in erecting a committee to investigate the war crime allegations during the Gaza offensive.

"Because I don't see the affair reaching the International court, I also don't see a real - legal, political and international - reason to establish a committee. But at the same time, I think that there are ethical merits in establishing a committee for internal reasons, in which we can look at ourselves in light of the criticism the world and the report has voiced against us. I don't think we have a reason to fear the investigation."

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  • 36. 0 0
    On the nail, #1 (Miron of Seattle)
    • Devasahayam
    • 02.03.10
    • 04:00

    Those who work for Useless Numpties cannot have any mindset other than that of that atrocity-organisation!

  • 35. 0 0
    #30 How so, superjew?
    • Johnboy
    • 01.03.10
    • 10:08

    s: "obama next in the dock" No, actually. Even *if* Obama declines to use the US veto to protect IDF generals from their own folly he still has that veto in his pocket. It is therefore still there to be used for his own self-interest, even when he declines to use it to help his chums out of a spot o' bother. s: "putin? sarkozy? brown? blair? berlusconi? chirac?" Russia, France and Britain all have a veto, even if Italy doesn't. They are therefore quite safe, and I don't think you have any case to mount against Berlusconi OTHER than "buffoonery". s: "you could argue that all of them can be brought before the icc, right?" Argue away, sunshine. Argue until the Cows Come Home. But they have a veto power and you do not.

  • 34. 0 0
    17 Eitan - Your right to swing your arm
    • Kevin Walsh
    • 01.03.10
    • 08:25

    No right minded person would deny anyone the right to live where they choose as long as they legally purchase the land. The issue in my opinion is not Israelis' right to live anywhere but rather that much settlement activity represents illegal dispossesion. Your right to swing your arm ends where others noses begin. For the record my wife is Arabic, part of an ever growing Arabic diaspora.

  • 33. 0 0
    # 4
    • Jake
    • 28.02.10
    • 18:22

    "...Allowing the Goldstone report through,ties the handss of anybody fighting these cowards...." I assume this means not being able to use such things as white phosphorous bombs and cluster bombs and 2000 lb bombs and bulldozers on densely populated civilian areas. Definitely ties the handss alrighty.

  • 32. 0 0
    and when your finished with them...
    • superjew
    • 28.02.10
    • 18:07

    you can move on to abdullah, assad, ahmedinejad, khameini, nasrallah, and just about every head of ever militant arab militia...not to mention kim jong il, jintao, etc...etc... all of these people can be brought up on war crimes charges...so the question is, will you support this witch hunt? or is it only for israel?

  • 31. 0 0
    peter sm 4
    • potobac
    • 28.02.10
    • 17:24

    You inveigh against terrorists fighting amongst civilians without uniforms by choice. Did the Jewish underground in Palestine before 1948 wear uniforms? If it was acceptable then, why not now?

  • 30. 0 0
    obama next in the dock
    • superjew
    • 28.02.10
    • 17:12

    what's good for the goose is good for the gander. putin? sarkozy? brown? blair? berlusconi? chirac? you could argue that all of them can be brought before the icc, right?

  • 29. 0 0
    Correct! Dictators should not have judge and jury say over Israel
    • ks
    • 28.02.10
    • 16:27

    or any country defending itself.UK attacked an area in Afghanistan this past week where women and children died where is Goldstone?where is the international press? The accusers the UN dictatorships, who abuse rights should be on trial not Israel.I understand now as many people are waking up to the fact that this whole Pr campaign against Israel is real an indictment of the Mufti Husseni, his nephew Egyptian born PLO leader, Arafat and the whole Palestinian arab people crafted together to execute evil against Israel and the West. For the sake of children, I hope the Pal arab children will wake up and turn on their leadership who uses them as martyrs and for destruction. Then the world should help them resettle in peace and begin to build a life free of Hamas and Fatah in the country of their ancestors, Iraq, Lebanon, Jordan from which they came. Now I see the Oslo agreement was wrong because Arafat's group, whose Charter is still evil today should never have been recognized as a group

  • 28. 0 0
    24
    • J
    • 28.02.10
    • 16:20

    Your lucky Israel allows free speech, and there is such a thing in America. However you fail to realize that you are a bigot! Get a life read a book and go back to school. You act like trailer trash who does nothing but drink natti Ice all day. As long as there are people like you alive you only make us "the Jewish people" stronger. P.S. Why don't you join your pal George Galloway and donate money to Hamas. I'm sure you have DHS will be at your door soon!

  • 27. 0 0
    #23 Sabra
    • Chris Linthwaite
    • 28.02.10
    • 15:59

    There is nothing wrong with Israel demanding a Goldstone type enquiry into the actions of Brown and Obama. But as Israel is reliant on American aid to survive (Israel recieves more aid than Haiti) it is very doubtful that that would happen. Also I think we will be able to show that the United Satates and the United Kingdom do everything possible to minimise civilian casualties. Whilst Israel will do everything possible to maximise civilian casualties. As can be see in Operation Cast Lead 13 Israelis died and 1400 Palestinians died. And if Israel did nothing illegal then they have nothing to fear in pulling up a chair in The Hague and been found not guilty. Is there?

  • 26. 0 0
    "Eitan, you (Jews) may reside where you want, as long as..."
    • Eitan
    • 28.02.10
    • 15:39

    Do you tell any other people on earth to reside anywhere as long as...? And since you single out a particular people, a race to use an older English term, you are a racist, an anti-Jewish racist at that!

  • 25. 0 0
    Cause and effect
    • Sabra
    • 28.02.10
    • 15:37

    MAny arab states started wars with ISrael...Israel won these wars and gained territory. Some were annexed , others not. ISrael tried to give back these terrotories, Arab states said no (all ghistorical fact and proveable). Hamas fired over 10,000 rockets into civilian area in ISrael because the fence prevents them from sending in Homicide bombers to directly blow up large numbers of ISraeli civilians. One day Israel decided enough is enough, and makes war on hamas. hamas does what it does best and like other terror groups do. They hide behinfd womens skirts when war and violence comes their way. In effect they are moral cowards, they talk the big jihadi talk of killing the jews, but what they dont say is that it is unarmed civilian jews they want to kill, So the IDF goes in and winkles out hamas numbers, uncovers weapons caches in kosques, and yes destroys tons of property . Question is this. What caused ISrael to take this action....... (Arabs) Hamas, and other interloper

  • 24. 0 0
    Miron we look foward to you leaving--
    • Evelyn
    • 28.02.10
    • 15:32

    Do make it soon---we have no time for Israel firsters amongst us.

  • 23. 0 0
    Seems the likes of Lintwhaite etc
    • Sabra
    • 28.02.10
    • 15:30

    Seems there are those just salivating for some reason to have ISraeli officials in the hague in the dock answering for alleged war crimes charges. I dont see chris Linthwaite demanding Brown be put there, or Obama, the UK and the US has killed more civilians in a war zone than Israel ever has, yet Linthwaite and his group of left wing arab kissing sycophants can see only Israel as trhe demon. fact is this. when the arabs stop shooting, Israwel wont have to go to war, civilans wont die. As long as Arabs put their weapons in heavily built up civilan areas, civilinas will continue to die. As long as Arabs contionue to use civilains as human shield, they will continue to die. Seems that Arabs can either stop the civilians from dying, but the choices they make , end up with civilians dying because of their hatred of jews. War is the enfrocement of various countries foreign policy. Seems the Arabs foreign policy includes a certain nhumber of civilian dead which seems to be acceptable.

  • 22. 0 0
    American Citizen
    • Sabra
    • 28.02.10
    • 15:24

    yes oh dear there are war crimes, Israel should be in court. Well American Citizen, how is it the US kills thousands of civilians a year in Iraq, and Afghanistan and never gets mentioned about possibily finding itself in any court room. Youm cant on one hand condemn ISrael, and on the other side use predator driones to blow up wedding parties and kill innocents. You cant suck and blow. So back it down Mr Citizen and calm youreself lest US soldiers find themselves in the International court.

  • 21. 0 0
    Time to send Arabs to ICC
    • Sabra
    • 28.02.10
    • 15:21

    It is time for Israel and US and other countries to start pushing to have hamas in the dock at the ICC. So far the focus has been on ISrael. Well now is the time to deligitimize hamas Start putting the info out there, and let someone from ISrael or US seek a warrant and arrest for Haniyeh, Khaled Mashaal and other who were responsible for using civilians as shield and shooting rockets at civilians deliberatrely. Ratchet up the pressure ISral. Because if tyou dont, sooner rather than latrer you will find one of you in court under charge. Its a tough world...its tougher when you are stupid...dont be stupid ISrael

  • 20. 0 0
    Eitan you can reside where you want !
    • american
    • 28.02.10
    • 15:17

    Is long you dont start trouble ! It seam you good for that this why is problem everywhere you go!since biblical time????

  • 19. 0 0
  • 18. 0 0
    #13 Something not mentioned here, Chris
    • Johnboy
    • 28.02.10
    • 14:46

    CL: "And realise that if the Goldstone Report is ever brought forward and the only reason the whole thing is stopped is because of a veto by the United States." The ICC chief prosecutor can launch an investigation on his own initiative: Article 15 of the Rome Statute says so. Such an investigation can not be stopped by the US veto. I'm not saying that Moreno-Ocampo WILL do that, but he certainly CAN do that. But think what might happen if he DOES do that: the evidence he collects may just bring about the situation you envision i.e. it becomes politically impossible for the USA to continue standing in the way of a trial.

  • 17. 0 0
    Miron, you are welcome! We look forward to your arrival here!!!
    • Eitan
    • 28.02.10
    • 14:39

    In any event, the Golan was populated by Jews from Biblical times, as all parts of our country. Biblical, historic and archaeological evidence is there for all to see. But of course, the idea that Jews may not reside in any particular parts on earth is by definition racist, anti-Jewish racism at that. And the people who promote such racism, here and elsewhere, are the "progressives" in society. What a laugh!

  • 16. 0 0
    Goldstone a red light
    • Anthony Marsh
    • 28.02.10
    • 14:13

    for shouting that terrorists are hiding within the civilian population. Then killing everyone and destroying everything.

  • 15. 0 0
    Netanyahu said the Goldstone Report
    • Chris Linthwaite
    • 28.02.10
    • 14:11

    wouldn't reach the full session of the N either. Saying that if it makes you feel happy them believe that the ICC will never be involved. And realise that if the Goldstone Report is ever brought forward and the only reason the whole thing is stopped is because of a veto by the United States. Then individual countries will pursue Israeli individuals individually. Thing Livni et al visiting (or not as it happens) London. Happy days.

  • 14. 0 0
    Anyone else notice the mistake?
    • Johnboy
    • 28.02.10
    • 14:03

    "On the other hand, I don't believe the senior prosecutor, Luis Moreno-Ocampo, will yield to the Palestinians request and order an investigation against Israel: For him to accept the Palestinian request to recognize their court authority to try and judge the violations committed on their land, he would first have to recognize the Palestinian Authority as an independent country, and I cant see him making such an extreme decision." The weasel-words are 1) "order an investigation" 2) "to try and judge" They are two different things, yet he is arguing that the ICC can not do the former *BECAUSE* it can not do the latter. He is incorrect: Luis Moreno-Ocampo has the authority to launch an INVESTIGATION under his own initiative; all he needs is an OK from the "pre-trial chamber" i.e. he does not need the UNSC *nor* a sovereign Palestinian Authority in order to launch an investigation. He needs it to proceed to trial, yes, but he does not need it to INVESTIGATE.

  • 13. 0 0
    Hand in hand
    • Che
    • 28.02.10
    • 14:00

    As the saying goes "birds of a feather flock together". If the US indeed objects to the prosecution of war criminals and murderers, then it's credibility among nations will plunge not to say that it hasn't already. On the other hand the US would have no business preaching about crimes and inhumanity in China, Syria,Iran, Russia, Sudan or any other place on earth. The US will become one of them, a nation that condones war crimes thus plunging the world into the abyss. A criminal is a criminal regardless of race, color, religion or sexual orientation. The mafia style hit squad AKA Blackwater, the security apparatus placed in Iraq have murdered civilians at will and charges against them in US courts have been dismissed. Therefore, the US has no business labeling others terrorists and preaching democracy to anyone.

  • 12. 0 0
    Universal jurisdiction exist already despite a US veto
    • American Citizen
    • 28.02.10
    • 13:30

    This attorney must forgot that war crimes, as defined per the Geneva Conventions, fall under universal jurisdiction. There is legal precedent for prosecution even with an expected US veto over the Goldstone investigation. There is enough evidence for a trial. Look at the situation in Britain for former Israeli officials. Most Western countries allow prosecution of war crimes, and lest this attorney forgets, war crimes have no statue of limitations, thus prosecution of war crimes is just a matter of time. And after Nuremberg, it would be the height of hypocrisy for the US to veto the prosecution of war crimes. More shame in our name.

  • 11. 0 0
    true?
    • directrob
    • 28.02.10
    • 13:26

    "The UN Secretary General Ban Ki Moon said he was satisfied with the investigation Israel has conducted" This must be out of context. I thought it was Israel being satisfied with Ban Ki Moon's report. Not the reverse. Ban Ki Moon said something like: "There is not yet enough evidence to say whether Israel and the Palestinians are complying with UN demands to probe the Gaza conflict."

  • 10. 0 0
    Goldstone Gaza claims will not reach war crimes court'
    • iftekhar
    • 28.02.10
    • 12:46

    In the subservient UN and ICC Israel will surely get away with its crime against humanity but in the Court of Almighty each and every Israeli will gets his due.USA and its Congress will be of no help to them.

  • 9. 0 0
    Re: "occupied Syrian Heights."
    • Miron
    • 28.02.10
    • 12:23

    I think if I ever relocate to Israel I will build a home on the Golan. Keep that in mind when you launch next rocket at Israel from wherever you are. That place is marked for the next Israeli home.

  • 8. 0 0
    # 3 Better begin to accept the reality of failures.
    • Petra
    • 28.02.10
    • 12:04

    It's become your specialty. LOL, excellent prognosis, learn to laugh or cry. Can't win either way, can you? I love it!!!!!

  • 7. 0 0
    An Arab exercise in futility. ( a notorious comedy act)
    • Petra
    • 28.02.10
    • 12:02

    it's become a specialty w/ no future. You'd think that after so many years of failures the Pals would learn something.. Sad, there is no learning in Gazaland. As long as they're confined, let them howl. Perhaps returning rocket for rocket is the answer?

  • 6. 0 0
    Eitan the land thief denegrates others from
    • cry me a river
    • 28.02.10
    • 12:00

    his squat in occupied Syrian Heights.

  • 5. 0 0
    #2 Eitan gives a false address--Qatzrin is in occupied
    • sarhbal
    • 28.02.10
    • 11:56

    territory. See UNSCR 497-- which describes Israel,s illegal annexation of the Syrian Heights,(Golan) as "Null and void" same as the illegal annexation of East Jerusalem. That mr Eitan---makes you an illegal squatter and a thief who lives on stolen land. A good example for your children huh Eitan.

  • 4. 0 0
    GOLDSTONE A green light for terrorists fighting amongst civillian
    • PETER SM
    • 28.02.10
    • 11:48

    without uniforms by choice. This is the new assymetric warfare and it is what the Taliban does in Afghanistan. Allowing the Goldstone report through,ties the handss of anybody fighting these cowards who talk honor but have none.

  • 3. 0 0
    War criminals come to the aid..
    • maoriboy
    • 28.02.10
    • 11:15

    of its fellow war criminals,what do you expect.

  • 2. 0 0
    Muhammad Goldstone, as Mr. Mahmoud Abbas called Mr. Richard...
    • Eitan
    • 28.02.10
    • 10:53

    ...Goldstone in a sign of affection poured on him by the entire Muslim-Arab world in re-naming with the prophet's name, must have been a delightful experience for Mr. Goldstone. The fact that Hamas has named a rocket after him - "al guldstun" - must have been yet another reward, knowing that such a "peaceful" weapon will enable the children of Tel-Aviv to have full human rights, including the "right" to be mass murdered. But Goldsone's real goal is yet to be reached: to be named a candidate for the next UN head and be elected to that position. How else can we understanding the personal PR that he orchestrated on the back of Jewish victims of terror...??

  • 1. 0 0
    this moron does not have a single wit about self
    • Miron
    • 28.02.10
    • 10:43

    he has a stable paycheck and will prosecute anyone standing between his new minivan and his grandson. We should bus this type of people out of Israel before it is too late. The Goldstone report will reach ICC and will be used as a pretext to enter Israel with coordinated invasion by foreign troops. The belligerent campaign to stymie Israel and surreptitiously engage it in investigating valorous self - defense IDF mounted in the Christmas 2008 war is a despicable shame for anyone involved.